Thousands of Virginia Circuit Court Orders could be defective and illegal
A Circuit Court Deputy Clerk, who wished to remain anonymous, has disclosed that hundreds to thousands of court orders have not been recorded, have gone missing or the judge who signed them has not officially taken their oath as per the Virginia Code. The Circuit Court Clerk is not issuing a public statement in attempt to cover up the clerical errors which could overturn thousands of cases.
All defendants in Virginia who have had orders issued against them are urged to go to the Circuit Court Clerks Office to verify if court orders issued against them are recorded in the Circuit Clerks Order book. If the orders have not been recorded, the orders are illegal and can not be enforced.
They are also urged to verify if the Judge that signed their order had taken their oath before the Clerk of the Court of record and recorded. Numerous judges who had either been transferred to another jurisdiction or their term had been appointed, have failed to take their oath before the clerk, thus any order they have signed is null and void.
If the Circuit Court Clerk can not provide a record of either a court order being recorded or a judge that has issued an order, who has not taken their oath, then the affected party should contact their attorney or seek legal advise from legal services to have the order dismissed.
The Code of Virginia that address these issue are below with the links to view.
§ 17.1-123. How orders are recorded and signed.
A. All orders that make up each day's proceedings of every circuit court shall be recorded by the clerk in a book known as the order book. Orders that make up each day's proceedings that have been recorded in the order book shall be deemed the official record pursuant to § 8.01-389 when (i) the judge's signature is shown in the order, (ii) the judge's signature is shown in the order book, or (iii) an order is recorded in the order book on the last day of each term showing the signature of each judge presiding during the term.
B. If a judge dies, retires or resigns before orders recorded in the order book have been authenticated, the orders shall have the same force and effect and shall be deemed authenticated when the signature of another judge of the same circuit court or the signature of the judge appointed to fill the vacancy or to preside over the court until the vacancy is filled is authenticated as provided in subsection A. Click to Code of Virginia Orders Recorded
§ 16.1-69.17. Oath of office of judges, clerks and others. . .
Every judge, substitute judge, clerk, deputy clerk, and juvenile and domestic relations probation officer of a juvenile and domestic relations district court shall, before entering upon the duties of his office, take the oath required by law. The oath of the judge and substitute judge shall be taken before a clerk of a court of record to which appeals from his court lie or any judge, and the oath of the clerk and other officers of the court shall be taken before the judge of the court he serves. Any oath taken before a judge or clerk prior to July 1, 1992, and otherwise conforming with this section is valid.
